The Ddoctrine of Judicial Precedent depends on the Hierarchy of the Courts - Essay Example

Name Professor Course Date 'The doctrine of judicial precedent depends on the hierarchy of the courts, the written records of cases and the approach of the judges' Introduction Doctrine of Precedent takes into contemplation the significance of case law within the judicial system…

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In case similar cases emerge in the prospect, similar rules or rationale is utilized in conveying justice through legal decisions. The doctrine finds basis on stare decisis meaning that considering previous decision made on similar cases. A decision made at some point in law is considered applicable to cases that bear similar facts. For the doctrine to function in an effective manner, it is necessitated that point of law within certain cases is established. During conveyance of justice, the judge ought to offer the rationale under which he or she provides certain judgment and not another. The doctrine presents general rule where all courts are required to follow the same rationale in delivering decisions that were developed in courts that bear higher ranks (Mitchell & Dadhania 2003, 61). The doctrine is reliant on the chain of command of the court system, previous case records and the attitude or approaches that the judges utilize. The hierarchy of the court system in the English context offers a better comprehension of precedent doctrine. The courts are organized, in terms of their capabilities or power, to command. The hierarchical structure bears five divisions under which the precedent is applied. These divisions offer judgments in relation to the cases carried out in previously from a superior court. The precedents that transpire in higher courts are considered applicable to lower and middle courts without any doubt. Therefore, decisions undertaken can be carried out without further probe into the cases, as long as the material facts and other facts are almost similar to another case undertaken in the past (Mitchell & Dadhania 2003, 62). The doctrine is reliant on the hierarchy that the court system presents in all its operations. Every court bears a given standing in relation to certain cases with respect to other courts thus affecting the provision of decisions on certain cases. These hierarchical systems ought to be considered in making decisions that involve the precedent doctrine. The lower courts can comfortably apply decisions presented by the highest ranked courts. Similarly, decisions that emanate from House of Lords are applicable to the rest of the courts within the legal arrangement with the exemption of the House of Lords (Kennedy 1994, 1). Therefore, its decisions find appliances to all systems of legal arrangements but the decisions made by the house cannot be applied to cases that concern it. Supreme Court is considered top in the rank with regard to the legal arrangement prevalent in English Law. Previously, the Supreme Court functioned as the House of Lords although this was changed in 2009 (OUP 2011, 11). However, the powers were never altered meaning that only the name changed. The Supreme Court comprises of 12 justices with fives of these being independent of any previous precedents. That is they are not bound to pursue decisions made in any previous cases. In addition, their judgments are applicable to the rest of courts that lie below them. In practicality, justices in this legal level are likely to follow their decisions that they had previous offered in similar cases. In order for them to change their personal judgments, a vivid reason ought to crop up. Additionally, these justices preside over judgments from Commonwealth nations. Under such circumstance, the justices are considered as the Privy Council (OUP 2011, 11). In principle, the decisions developed by the Privy Council find no application in
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In practical terms, the courts operate on guidelines or previous rulings of the courts of the same level or courts which are superior. The rulings of superior courts remain in effect for courts of the same level and for courts which operate below their level. This mechanism of previous rulings and the doctrine of judiciary precedent not only helps the judges in their very important decision-making roles, but also ensures that judges carry out their professional responsibilities within prescribed and lawful limits.
It is, therefore, evident that the real and practical function of the...

...Judicialprecedent: Judicialprecedent an be defined a decision by court that is used to make decisions in the future, in any case a judge will set out facts of the case then state the law applicable and finally make decision regarding the case. It can also be defined as a system which provides principles for making decisions on case with similar facts and issue. These decision made by judges can be used for future judgment on similar case. However such judgment can only be binding to future decision if the case was based on facts and established law whereby later judgment are based on legal reasoning.
Judicialprecedent...

...of the doctrine of judicialprecedent is interpretation. In other words, the practice of judicialprecedent is hermeneutic. There are no foundations or reference points from without for the law to derive legitimacy. On the other hand, obiter dictum marks different things. It could be a statement of law derived from facts, which are not immediately available. Secondly and most importantly, obiter dictum gives us what is not included in ratio decidendi or parts of the decisions that vary from the judgement. Obiter dicta are not binding but persuasive. The doctrine of judicialprecedent makes judicial decisions too as a...

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...conclusion (Tamanaha, 2010). Sometimes cutting an exact difference between obiter dicta and ratio decidendi becomes difficult because they flow in a continuous manner. While making the judgment in the Broome v. Cassell case (RAISCH, & SHAFFER,1995, p. 66), Lord Hailsham of Marylebone put forth that, it is a necessity for every court in the lower tie to agree loyally with decisions made by courts above in the hierarchy. They include the Court of Appeal because it comes second in command (CARTER, & TRIMBLE, 1991, p. 19).
In many circumstances, the principle of the precedent is simple. It is necessary for judges to make decisions in the same way former...

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